Patna High Court
Ashwani KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bail bond, surety conditions and verification of antecedents.
Summary
Ashwani Kumar, owner of a restaurant, was implicated in a case under Sections 30(a) and 30(d) of the Bihar Excise Act for the recovery of an empty liquor bottle from his premises. He argued that he was not present at the spot, had no conscious possession of the bottle, and was unaware that a customer had brought liquor into his restaurant. The petitioner sought anticipatory bail, contending that mere ownership of the premises should not make him liable. The State opposed the bail. The High Court granted provisional anticipatory bail, requiring a bail bond of Rs.5,000 with two sureties and directing verification of the petitioner’s criminal antecedents before confirming the order.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Sections 30(a) and 30(d) of the Bihar Excise Act.
- Whether ownership of a restaurant premises can alone justify arrest and denial of bail.
- Whether the Court may condition anticipatory bail on verification of the petitioner’s prior criminal antecedents.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- restaurant owner
- Section 30
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4692 of 2026
Arising Out of PS. Case No.-373 Year-2025 Thana- PARSABAZAR District- Patna
======================================================
Ashwani Kumar S/o- Krishna Prasad Resident of Bishunpur Pakri, P.S- Beur,
Po- Bishunpur Pakri, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Sinha, Advocate
For the Opposite Party/s : Ms. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a) and
30(d) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the excise act and
allegation is of recovery of empty liquor bottle from a
restaurant.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the restaurant. It
is next submitted that no prudent person would use his own
Patna High Court CR. MISC. No.4692 of 2026(2) dt.31-01-2026
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premises for committing an occurrence and thus would create
evidence against himself and hence would get implicated and at
the same time shall bring disrepute to his business, it is further
submitted that petitioner was completely unaware that customer
came with liquor without the knowledge of the petitioner, but
then petitioner came to be implicated in a mechanical manner by
the police merely for the reason that he owns the restaurant. It is
further submitted that in similar manner earlier also the
petitioner was implicated.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
5,000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Parsa
Bazar P.S. Case No. 373 of 2025 subject to the conditions as
laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Patna High Court CR. MISC. No.4692 of 2026(2) dt.31-01-2026
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Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
5000/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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